Public Intoxication

[daisygirl]

What is the name of your state? TEXAS

Last week I was arrested for public intoxication. My husband and I got into in domestic dispute in the parking lot of the mall- (which is private property) on our way to a bar that is located in the mall. I got out of the car and was walking through the parking lot- away from him, when approached by security. Security was as helpful as the could be and had recommend maybe going to a shelter or just getting away from my husband(some one passing by called the cops because they saw me crying). Anyways I talked to the police, and so did my husband- I was checked out by the paramedics....and the cop called a cab for me and one for my husband because we had both been drinking- I had a couple of drinks in 5+hours and a full meal and was dancing for atleast an hour.( The night started out wonderful ) When the cop told me that my husband was going to pick the kids up from the babysitter which is next door and he would take them somewhere and I could stay in the house.. I was upset. It made no since to me,he had been drinking earlier and he was the reason the cops were called in the first place. The kids should stay with me in our house... in their beds. In addition I had even asked the officer if it was possible to take me and the kids to a shelter(DV) so I felt safe and didn't have to worry about any further altercations in the night. The officer told me NO and I would have to go to court/police dept for protection?? He was wrong in saying that he is supposed to protect me! I'm a loud person by nature and a little ADHD so I get excited real easy- but I wasn't drunk.. My mistake was arguing with the officer re where the kids were staying etc.. but I felt so let down and was very emotional. He then arrested me for Public Intoxication- (so I didn't get to see me kids after all). Nobody else that had been drinking was arrested that evening. I new I wasn't drunk- sad and upset-YES- I had reason. I requested a breathlizer while they were booking me- I was denied- the told me I would just have to deal with the charge when I go to court?? I don't want to plead Guilty or No contest If I plead NOT GUILTY do I even have a chance? Can somebody please advise me on what I should do?? PLEASE!!! Thank YouWhat is the name of your state?

 

[seniorjudge]

What statute number were you charged under?

 

[Bretagne]

seniorjudge What statute number were you charged under?

Is it 49.02? If so:

49.02 Public Intoxication

"Public Intoxication" means:

A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.

"Intoxicated" is defined as:

(1) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or

(2) having an alcohol concentration of 0.08 or more.

An offence under this section is a Class C Misdemeanor. An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500.00. However, for a minor, the punishment terms are in the same manner as if he committed the offense of Possession of Alcohol by a Minor.

So, it doesn't matter at all if your BAC was under .08--the cops were testifying that you didn't have "the normal use of mental or physical faculties" and they can sustain that argument because you said: domestic dispute, cops came, paramedics checked you out, "I'm a loud person by nature and a little ADHD so I get excited real easy", etc., you were definately publicly intoxicated and lucky that they didn't charge you with something more serious.

 

[daisygirl]

The only thing they gave me when I bonded out (cash) was a yellow piece of paper that says when I need to appear in court, my arrest # (not a cause #) and it says that I am charged w/ a misdemeanor offense: Public Intoxication- that's it, no statue number- I hope this helps- How do I find out what the exact statue number is that I was arrested for?

 

[Bretagne]

You'll find out when you go to court, or you could call the court and ask them if it's a payable offense that doesn't require an appearance. (Probably not, you probably have to appear, but I'm guessing you're charged under 49.02 and that means no jail time, fine only, so maybe you can plead and pay by mail.)